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2019 (9) TMI 536 - AT - CustomsValuation - duty on remnant Aviation Turbine Fuel (ATF) in the Aircraft at the time of its conversion from international sector to domestic sector - Determination of insurance, freight and landing charges required to be added to the IOC price (the basis for payment of duty) for determination of assessable value of remnant ATF in the aircraft at time of conversion from international to domestic run - demand of differential duty alongwith interest and penalty - Scope of Rule 10(2) of the Custom Valuation (Determination of Price of Imported Goods) Rules, 2007- Scope of Rule 10(2) of the Custom Valuation (Determination of Price of Imported Goods) Rules, 2007 - extended period of limitation - Confiscation - contrary views. HELD THAT:- Since there are contrary views to the view earlier taken by the coordinate benches of tribunal, we refer the matter to the President for constitution of larger bench to determine: Whether the value of cost and services as specified in rule 10(2) of the Customs Valuation (Determination of Price of Imported Goods) Rule, 2007, specifically the value towards freight charges is required to be added to the value of ATF determined on the basis of sale price of IOC of ATF to Air India/Indian Airlines for their foreign going aircrafts? Matter referred to President for placing the above question before a larger bench.
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